The Costly Consequences of Failing to Abide by Termination Clauses
The Costly Consequences of Failing to Abide by Termination Clauses A recent decision of the Ontario Superior Court, Perretta v. Rand A Technology Corporation, 2021 ONSC 2111, demonstrates that even the most binding and enforceable termination clauses can be voided by employer conduct. The Plaintiff, Ms. Perretta, was terminated in 2018 after 5.5 years of […]
The Costly Consequences of an Improper Workplace Investigation
ONSC Reminds Employers of the Costly Consequences of an Improper Workplace Investigation A recently released decision by the Ontario Superior Court of Justice serves as a sobering reminder to employers of the high threshold of misconduct which must be met before an employee can successfully be terminated for cause, as well as the importance of […]
Call Me By My Name: The Cultural Significance of Names in the Workplace
Call Me By My Name: The Cultural Significance of Names in the Workplace Dale Carnegie once said “a person’s name is to him or her the sweetest and most important sound in any language.” There is a great deal of truth to this. Being addressed by our name does more for us than elicit an […]
The New Virtual Reality: Harassment In The Work From Home Age
The New Virtual Reality: Harassment In The Work From Home Age You have been asked to present to your company over Zoom. The presentation is going well, and you skillfully ignore your cell phone buzzing quietly on your desk. After you finish to strong applause, you finally get the chance to exhale and check your […]
Implications of COVID-19 on Notice Awards
Ontario Superior Court of Justice Continues to Consider the Implications of COVID-19 on Notice Awards In its recently released decision Iriotakis v Peninsula Employment Services Limited (2021 ONSC 998), the Ontario Superior Court of Justice addressed a number of pertinent issues concerning employees who were terminated during the pandemic. Most significantly, the decision provided insight […]
A Shot In The Arm: Can Your Workplace Mandate COVID-19 Vaccines?
A Shot In The Arm: Can Your Workplace Mandate COVID-19 Vaccines? While a number of COVID-19 vaccine options have now been approved by Health Canada and will be available shortly, the newest challenge is how those vaccines will be distributed. The federal and provincial governments are making early efforts to protect more vulnerable populations, such […]
The Impact of Covid-19 On Common Law Notice Periods
The Impact of Covid-19 On Common Law Notice Periods With the significant increase of terminations arising from the pandemic, both employers and employees have been contemplating the impact that the pandemic will have on notice periods. In determining the appropriate notice period for terminated employees who are entitled to common law reasonable notice, courts will […]
Out of this World – What We Can Learn from Julie Payette
Out of this World – What We Can Learn from Julie Payette “Yelling, screaming, aggressive conduct, demeaning comments and public humiliations.” These were some of the words used by staff members at Rideau Hall to describe their working environment under the leadership of Canada’s former Governor General Julie Payette and her Secretary, Assunta Di Lorenzo. […]
The Struggle is Real: A Closer Look at Workplace Mental Health in 2021
A Closer Look at Workplace Mental Health in 2021 In many ways, this lockdown is far more challenging than the initial one in March and April of 2020. Instead of an impending Spring, we are in the thick of what may become a long and cold winter. While a vaccine has been developed, uncertain rollout […]
Mandatory COVID-19 Testing for Employees Upheld
Mandatory COVID-19 Testing for Employees Upheld A recently released arbitral decision, Caressant Care Nursing & Retirement Homes v Christian Labour Association of Canada, 2020 CanLII 100531 (ON LA), addressed the issue of mandatory COVID-19 testing in the workplace. As many workplaces struggle to maintain safe work environments while respecting employee privacy, this decision provides insight […]